Court : Supreme Court of India
Reported in : AIR1967SC1175; [1967(15)FLR1]; (1967)IILLJ55SC; [1967]2SCR463
Hidayatullah, J.1. This is an appeal against the Award, April 23, 1964, of the Maharashtra Industrial Tribunal, Bombay (Mr. Meher) in reference (IT) 271 of 1962. The Award was given in a dispute between the Kamani Employees Union, Bombay and the Kamani Metals & Alloys Ltd. The Company is the appellant before us. The reference was occasioned by a demand raised by the Union on February 25, 1960 in relation to wage scales and classifications, dearness allowance, production bonus, permanency for daily-rated workmen and grades and scales of pay, dearness allowance and abolition of marriage-clause for monthly paid employees. At first a reference was made to a Conciliation Board by the Government on September 8, 1962. The conciliation was frustrated for some reasons and on December 14, 1962, the Bombay Government acting under section 10(1)(d) of the Industrial Disputes Act, 1947 referred the dispute to the Tribunal for adjudication. By the Award now under appeal, some points were decided in f...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1967MhLJ541(SC); [1967]2SCR454
Shah, J.1. On April 24, 1963, the State of Madhya Pradesh made an order in exercise of powers conferred by Section 3 of the Madhya Pradesh Public Security Act, 1959 - hereinafter called 'the act' - directing the respondent Thakur Bharat Singh - (i) 'that he shall not be in any place in the Raipur district; (ii) 'that he shall reside in the municipal limits of Jhabua town, district Jhabua, Madhya Pradesh, and shall proceed there immediately on the receipt of this order; and (iii) that he shall notify his movements and report himself personally every day at 8 a.m. and 8 p.m. to the Police Station Officer, Jhabua.' 2. The respondent moved a petition in the High Court of Madhya Pradesh under Arts. 226 & 227 of the Constitution challenging the order on the grounds, inter alia, that sections 3 & 6 and other provisions of the Act which authorised imposition of restrictions on movements and actions of person were ultra vires in that they infringed the fundamental freedoms guaranteed under Ar...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1153; [1967]2SCR448
Wanchoo, J. 1. This is an appeal by special leave against the judgment of the Madras High Court. The facts are not now in dispute and may be briefly narrated. A suit was brought by Nagappa Chettiar, respondent No. 1 (hereinafter referred to as the respondent) against Villiammi Achi appellant and Nachiammai Achi now dead and represented by her legal representative. The respondent claimed two-thirds share of the properties left by his father, Pallaniappa and prayed for a decree for separate possession of that share after partition. The facts on which this claim was based are not now in dispute and are these. The respondent is the adopted son of Pallaniappa having been adopted in 1941. The appellant is the widow of Pallaniappa and Nachiammai Achi was Pallaniappa's mother. Pallaniappa's father also named Nagappa had considerable properties. This Nagappa made a will on June 10, 1934 by which after making certain dispositions in favour of certain persons including his own wife he gave the re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1091; [1967(14)FLR325]; (1967)ILLJ733SC; [1967]2SCR437
Bhargava, J.1. The appellants in this appeal are the Ahmedabad Millowners Association, of which all the cotton mills in Ahmedabad local area are members, including the second appellant, the Nagri Mills Ltd. The third respondent, the Textile Labour Association, Bhadra, Ahmedabad (hereinafter referred to as 'the Union') represents the workmen employed in the various mills which are members of the first appellant Association. Under Standing Orders settled under the Bombay Industrial Relations Act, 1946 (Bombay Act XI of 1947) (hereinafter referred to as 'the Act'), conditions of service, including those relating to leave, were prescribed in view of clause 6 of Schedule 1 of the Act. These Standing Orders were settled at a time when this clause 6 of the First Schedule to the Act read as follows :- 'Conditions, Procedure and Authority to grant leave.' Subsequently, Schedule I was amended so as to read as : 'Procedure and authority to grant leave,' and simultaneously, clause 11 was added in ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1167; 1968(16)BLJR25; 1967CriLJ1081; [1967]2SCR423
Sikri, J.1. This appeal by special leave is directed against the judgment of the High Court to Judicature of Patna dismissing Criminal Revision No. 896 of 1961 filed by the appellant Raghubans Dubey. The relevant facts for appreciating the points raised before us are as follows :- The appellant was one of the 15 persons mentioned as assailants in the First Information Report dated July 29, 1959, lodged by one Raja Ram Sah. The police investigated the case and during the investigation the appellant set up an alibi. The police accepted the alibi and did not include his name as an accused in the final report under section 173 of the Code of Criminal Procedure. His name was, however, mentioned in column No. 2 of the Charge Sheet under the heading 'not sent up'. On April 5, 1961, the Sub-divisional Magistrate passed the following order : 'C.S. No. 12 dated 23-3-61 u/s. 149/302/201 I.P.C. received against the accused noted in col. 3 and 4 of C.S. Cog. taken u/s. 149/302/201 I.P.C. and case ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1162; 1967(0)BLJR752; [1967]37CompCas204(SC); [1967]2SCR429
Wanchoo, J.1. This is an appeal by special leave against the judgment and decree of the Allahabad High Court. The appellant is a registered partnership carrying on business at Kanpur. It entered into an agreement in December 1948 with the Vijia Lakshmi Sugar Mills Limited. Doiwala, District Dehra Dun (hereinafter referred to as the Mills) and was appointed sole selling agent of the Mills. According to the terms of the agreement, the appellant deposited a sum of Rs. 50,000/- as security for due performance of the contract, and this amount was to carry interest at the rate of Rs. 6/- per cent. per annum to be paid by the Mills. In November 1949 an order was passed winding-up the Mills and this happened before the period of agency came to an end. Consequent on the winding-up of the Mills, the appellant made an application in September 1950 by which it prayed for refund of security deposit along with interest. It was also prayed that the Mills held the amount of deposit as trustee and in c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1143; 1967CriLJ1074; [1967]2SCR401
Bhargava, J.1. In this appeal, by Special Leave, we have already passed order on 14th December, 1966, and we now indicate our reasons for that order. 2. The appellant was born on April 6, 1938, at Suryapet in Nalgonda District, Andhra Pradesh, and was educated and brought up there until the year 1951. His father died in 1947. After the partition of India and the enforcement of the Constitution, the appellant, in August 1951, left for Pakistan where he stayed until 1955. In 1955, he returned to India on a passport obtained from the Pakistan Government as a Pakistani citizen with a visa from the Indian Government. Even after the expiry of the visa, he continued to stay in India, but in August, 1963, he was deported to Pakistan. He came again to India with a passport dated 4th December, 1963 issued by the Pakistan Government with a visa from the Indian High Commission dated 20th January, 1964. He arrived in India on 5th February, 1964. Subsequently, the question of deportation of the appe...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1968]68ITR500(SC)
Subba Rao, C.J. 1. These four appeals by certificate granted by the High Court at Calcutta are filed against the common judgment and order of that court in four civil revision cases arising out of the proceedings under the Excess Profits Tax Act, 1940 (Act XV of 1940). 2. The facts may be briefly stated. The appellant was a registered firm with our partners. For the accounting years ending with March 31 of the years 1942, 1943, 1944 and 1945 the said firm was assessed to excess profits tax. Under notice dated September 3, 1954, the firm was directed to pay large amounts in respect of the said four years as excess profits tax by September 25, 1954. On March 12, 1956, the concerned Income-tax Officer forwarded four certificates to the Certificate Officer and Additional District Magistrate, 24-Parganas, for the recovery of the said amounts from the firm. On December, 20, 1956, the Certificate Officer issued notice to the firm under section 7 of the Bengal Public Demands Recovery Act, 1913...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1145; [1967]2SCR406
Vaidialingam, J.1. These two appeals, on certificate, are directed against the judgment of the Calcutta High Court, in Appeals from Order, Nos. 397 and 398 of 1958, dated March 5, 1959, in so far as the High Court has held that the notification, issued by the State Government, under section 4 of the West Bengal Land Development and Planning Act, 1948 (W.B. Act XXI of 1948) (hereinafter referred to as the Act), is valid. The appellant and respondents, in both the appeals, are the same and common questions arise for consideration in both. 2. The Society of Farmers and Rural Industrialists, of which the third respondent is the Secretary, requested the first respondent, the State of West Bengal, to acquire, compulsorily, certain lands for the establishment of an Agricultural Colony for creating better living conditions therein. The first respondent issued a notification, of February 4, 1955, under section 4 of the Act, stating that an extent of about 28.59 acres of lands, more fully descri...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967(14)FLR356]; (1967)IILLJ23SC; [1967]2SCR391
Mitter, J. 1. This is an appeal by special leave from an award of the Third Industrial Tribunal, West Bengal dated September 14, 1963. The appellants are four public limited companies all separately registered under the Indian Companies Act and all carrying on business in the same premises at Belur in the district of Howrah, the respondents being two unions, viz., NISCO Karmachari Sangha, Belur and Howrah and Belur Iron and Steel Workers' Union, Howrah. National Iron and Steel Co. Ltd. was engaged in the business of steel rolling and steel casting. Britannia Building & Iron Co. Ltd. was engaged in steel fabrication work while National Screw and Wire Products was engaged in the manufacture of wires and nails. Tatanagar Foundry Co. Ltd. carried on the business of manufacturing cast-iron sleepers for railways. By an order dated August 25, 1959, the Government of West Bengal made a reference under section 10 of the Industrial Disputes Act, 1947 of what was described as an industrial disput...
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